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HomeMy WebLinkAbout548863 MOUNTAIN VALLEY FLOORS INC - PURCHASE ORDER - 9147142 (3)City of FF6r-t Collins Date: 12/17/2014 PURCHASE ORDER Vendor: 548863 MOUNTAIN VALLEY FLOORS INC 530 W EISENHOWER BLVD LOVELAND CO 80537 PO Number Page 9147142 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 12/04/2014 Buyer: I DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CO # 1 - add attic stock etc. dated 12/15/14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 2,352.84 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCULDEfAILS. Tax eaemprions. By statute the City of Fort Collins is exempt from sum and Iwa1 axes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registcrM with the Collector of Failure of the Purchaser m imin upon Her performance of be km¢ and condifions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise any fights or remedies Provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not releae the Seller of Goods Rejected. GOODS REJECTED due to failure he meet specifications, either when shipped or due to dri e, of any of the warranties or obligations of this purchase order and shall not Iae deemed a waiver of any right of the damage in trarait may be reported m you for credit am are not on be replaced except upon fi,eipr of writlrn Purchaser to insist upon slot, performance hermfm any of its nghrs or remedies as to any such goods, regardless instructions fmm the City of Fon Collins. of when shipped. recensd or accepted, as to any poor or subsequent default hereunder, Our shall my purporud Om modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspeeinn. GOODS ore sobject o the City of Fon Collins inspection on moral. hereof Final Acceptance. Receipt of the fierclwdiss, services or ryuipmmt in response to this order can Opera in 12. ASSIGNMENT OF ANTITRUST CLAIMS, ma horin'd payment oa the part of fie City of poor Collins. However, n is to be understood that FINAL actice, o erchorgm reaching from mtionst Seller and the Purchaser recognize that in actual economicpractice, ACCEPTANCE is dependent upon completion ofall applicable uired inspection proce. yprocedure. violatiem art rne in fact boby the Purchaser. Theremfort, far good muga and as enmideurlon fro executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terre. Shipments most be F.O.B., City of Tom Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or stale anliWst laws for wch overcharges relating to the panicular goods or services otherwise specified oa this order. If permksion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will Out be Mceyted Shipment Distance. Where manufacturers have distributing points inm pans of the country, shipment is expected from the neared distribution point m destination, and excess freight will be deducted from Invoice when Shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all nevesary pennirs. crafficataa and liceves rryuirM by all applicable laws, re%ulatom, ordinances and roles of the state, municipality, teotory or Political subdivision where the work is performed, or required by any other duly caintained public authariry, having jurisdiction over the work of vcmir. Seller fimher agrees to hold the City of Fan Collins bnnnless fmm and against all liability and loss neurval by them by reason of fin sscaed or established violation of any such laws, regulations, i dinances, roles and requirements. Autharivtion. All p,'uties to this cranium agree ,bat the representatives are, in fact, thaw fide and poswss fall and complete uuthonty to bind said paaies. LIMITATION OF'I ERMS. This Purchase Order expressly limits acceptance to the tarp and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jecM. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedintely Ifyou cannot make complete shipment to anew on your promised delivery date as; noted. Time is of the essence, delivery and performance nmvt be effected within the time stated oa the purchase order and the dwummer attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpeprid late de ivenea, shall operate as a waiver of gis provision. In the event army delay, be Purchaser stall have, in addition to other legal and equitable remedies, be option ciphering this order elsewhere and holding be Seller liable for damages. However, the Seller shall not he liable for damages m a mull of delays due to causes not eanmably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, seer ofcivil or military authorities, gtwemmmal priorities, f s, strikes, Flood, epidemics, wars or riots provided that notice of the conditions musing such delay is given b ge Purchaser within five (5) days of the time when be Seller fast received knowledge thereof. In the runt army, such delay, the date of delivery shall be extended for the script equal Or M, time actually last by ¢awn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covets by Has order will conform with applicable drawings, specifications, samples Mellor other descriptions given. will Ire fit for the papmes intended, and performed with the highest degree of core and competence in accordance wig accepted stMdands for work of a similar namre. The Seller agrees to hold the purchase, harmless fmm any loss, damage or expense which the Purchaser may Suffer or incur on account of the Sellers breach ofwarmnty. The Seller shall replace, repairer make good, without cost to the purchaser, any defecn or faults mining within one (1) year or within such longer period of time as may be presented by law or by the tram of any applicable warranty provided by the Seller after the date of acceptance ofH He goods famished bartender (mceptmce not to be umenMnably delayed), resulting from imperfect or defective work done or materials famished by the Scllec Acceptance or over, of goods by the Purchaser shall not constitute a waiver of any claim under this watrmnry. Except as otherwise provided in This purchase order, the Sellers liability hereunder shall extend to all manages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability, shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change oMer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the tern¢, other than legal games, including additions to or deletions from the qu re hies originally ordered in the specifications or drawings, by verbal or w,imcn Change order If my such change affects the amount due or the time ofPerforiomve hereunder, an equitable adjustment shall be made. 6. 1 ERMINATIONS. The Purchaser may at any rime by written change order, terminate this agreement as to My or all poniom of the goods then reed shipped, subject to My equitable adjustment bnwcen the parties as to any work or materials gain in progress provided that the Purchaser shall ma be liable for my claims for anticipated pmfils oa the unwmpletcd portion aide goods Miller work, for incidental or wmequarnal damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such deaninmion shall relieve the Purchaser or the Seller of any of their, obligations as to My gars delivered hacunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within bitty (30) days firm the date the change or metrication is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations m wont, the good tau subject. The Seller shall execute and deliver such ducumenu as may be raquiM to effia, presidenm wmplimcc. All laws and regulations nquind in be incorporated in agreemenrs of this character are hereby inconforamd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, a nular, or convey this order, or my monies due or to become due hereunder without the prior written consent of the eager party. 10. TITLE. The Seller wmrunis full, Cheer aed unrestricted side m the Purchaser for all equipmeat, rtuicriaB, and it. fmuhed n performance of this agreement free and clear of my and all liens, restrictions, uservations, security interest encumbrances and claims of mbers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nowwfonning in defective goods by a date to M agreed upon by be Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cover auwiatW with such work. The Seller shall relamc the Purchaser and its commem. of any her fmm all liability and claims of My rtature resulting from the pMormance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Officers and amployms afsuch Way. The Sellers con,rdcntal obligatiom, including impurity, shall not be dccmed to be Merced, in My way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requiM to use any design, device, ma oral or process covets by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser fmm my and all claims for infringement by reason of the use of such pmmmd design, da'ice, material or process in connection with the contrwt, and shall indemnify the Purchser for any cost, expense or damage which it may be obliged to pay by rwson of such infringement al any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended se of the gam, is in such suit held to comfort infringement and fie ere of said equipnmar or pan is rnjoi d the S<Iler slap, of its own expense and a its option, cigar procure far the Purchaser the right to continue ming said equipment or parts, replan the Same with substmtially egnal but no rinfdnging ryuipment, or modify it so it becomes noninfnnging. IS. INSOLVENCY. If the Seller shall become insolvent or Signer t, make an assigmnent for be benefit of cur iren, appoint a or trustee fro any of be Sellers property or bminess, this order may foMwith be miusled by the purchaser wifom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of be agreement and the rights of all Partin hereunder shall be command under and governed by the laws of the Spite of Coloudo, USA. The following Additional Conditions apply only in cases white, the Seller is m perform work hereunder, including the services of'Sellers Repreuntrove(s), on the premises of others. H. SELLERS RESPONSMILITY. The Seller shall miry on mid work at Sellers own risk until the same is fully completed prod accepted, and shag, in rase of any accident, partner. or injury m the it nuVar materials bef Shcds foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are f mished by oust, for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials amVos equipment were being famished by the Sella order the order. 18. MSURANCE. The Seller shall, at his own expense, provide forge payment of wooers compensation, including occuni ioMl disease benefits, to its employees employed on or in connection with be work covered by this purchase order, minor to their dependents in accordance with the laws of the spite in which the work is to be done. The Seller Mall also cvry mmprehemior geneml liability melwlm , but not banned W. cmarxtual and automobile public liability imuremce with Family injury and death lirnils of n least 5300,000 for any one permm S5o0,000 for any one accident and property damage limit per accident of S400,000. The Seller small likewise op uim his contractors, if My, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work uWn the premises of others, the Seller shall famish the Purchaser with a ceaificate gar such compensation and insurance have been provided. Such ceaificata shall specify the date when such compensation and insurance have Even provided. Such certificates shall specify me date whm such compensation and insurance expires. The Seller agrees that such compensation and announce shall be maintained until are, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENI AND DAMAGES. The Seller hereby mstinws the retire rtsacawbiliry and liability for any Md all damage, loss or injury of any kind or metre whaunever to persons or progeny mused by or paWting from the exewtirn of the work provided for in gis parchare order or in comecfion herewith. The Seller will indemnify and hold bandana the Purchaser and my or all or the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or subject by prawn of any act, action, neglect, omission or default oa ge part of the Seller, my of his eootmdms, or My of the Sellers or contmcmrs officers, agents or employees. In crew my suit or other proreedings shall be brought against de Purchaser, or its officers, agents or employers at MY but on account or by reason of my act, action, neglect, omission or defaull of the Seller of my of his contueors or my of its or their oficers, agents or employees as aforesaid, the Seller hereby agrees to resume the defense thereof and to defend the same at the Sellers own expense, to pay any and oil costs, charges, adomeys fees and other expenses, any and all judgments that may be, incurred by or obtained against be Purchaser in my of its or their officers, me= in employees in such sgts or other proceedings, and in rose judgment or other lien be placed upon m obtained against be property of ge Purchaser, or mid penim in or m a result of such suits or other proceedings, the Seller will at once cause the same to be derml,M and diwharged by giving bond or othnwise. The Seiler and his conlmmors shall take all safety precautions, famish and install all goad necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the O sagethieml Safety and Health Act of 1970 and all roles and ergulariom issued pMgMt Memo. Revised 07n014